BAGAWATI TEA ESTATES LIMITED Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) WRIT PETITION(C)NOS.974 OF 1991 AND 419 OF 1989

(2.) Soon after the Act was made, which had the effect of vesting the ownership and possession of private forests in the government, the affected owners filed writ petitions in the Kerala High Court challenging the constitutional validity of the enactment. A Full Bench of the Kerala High Court struck down the Act holding it to be outside the protective umbrella of Article 31A of the Constitution, which decision is reported in AIR 1973 Ker 36. The State of Kerala questioned the said judgment in this Court which, by its judgment and order dated September 18, 1973, allowed the appeals, set aside the judgment of the Kerala High Court and upheld the validity of the enactment. The decision of this Court is reported in State of Kerala v. Gwalior Rayons Silk Manufacturing Company, (1974) 1 SCR 671 : (AIR 1973 SC 2734). The main judgment of the Constitution Bench was delivered by Palekar, J., while V.R. Krishna Iyer, J. delivered a separate concurring judgment.

(3.) After the judgment of this Court, the Government of Kerala constituted a committee comprising certain high officials to study the forest areas and to formulate guidelines for the assignment of the vested forests. After receiving the report of the said committee, the government says, it started the process of assignment. It is stated in the counter-affidavit that out of a total area of 2,26,975 hectares vesting in the government under the Act, 4000 hectares has been given to tribals, co-operatives and agricultural reforms and an additional area of 6,878 hectares has been handed over to the revenue department for being distributed. An extent of 8000 hectares is said to be under the possession of encroachers.